Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60
§2508 Counterclaim or Set-off; Registration of Judgment
Title 28 › Part VI— PARTICULAR PROCEEDINGS › Chapter 165— UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE › § 2508
Summary
When a case in the United States Court of Federal Claims includes a counterclaim, setoff, or other money demand by the United States against the person suing it, the court must decide both sides. If the court finds the plaintiff owes money, it will enter a final, reviewable judgment. A copy filed in any federal district court will be entered in that court’s records and enforced like other judgments.
Full Legal Text
Title 28, §2508
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
Upon the trial of any suit in the United States Court of Federal Claims in which any setoff, counterclaim, claim for damages, or other demand is set up on the part of the United States against any plaintiff making claim against the United States in said court, the court shall hear and determine such claim or demand both for and against the United States and plaintiff. If upon the whole case it finds that the plaintiff is indebted to the United States it shall render judgment to that effect, and such judgment shall be final and reviewable. The transcript of such judgment, filed in the clerk’s office of any district court, shall be entered upon the records and shall be enforceable as other judgments.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 252 (Mar. 3, 1911, ch. 231, § 146, 36 Stat. 1137). Changes were made in phraseology.
Editorial Notes
Amendments
1992—Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”. 1954—Act Sept. 3, 1954, struck out “United States” from name of Court of Claims in first par. 1953—Act July 28, 1953, substituted “United States Court of Claims” for “Court of Claims” in first par., and substituted “shall be enforceable as other judgments” for “be a judgment of such district court and enforceable as such” in third par.
Statutory Notes and Related Subsidiaries
Effective Date
of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date
of 1982 AmendmentAmendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Reference
Citations & Metadata
Citation
28 U.S.C. § 2508
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 5, 2026
Release point: 119-73not60